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Executive Order 13389 Amended 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.55) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 13389—Creation of the Gulf Coast Recovery and Rebuilding Council

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Tuesday, November 1, 2005
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4 min read (735 words)
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70 Fed. Reg. 67325

Executive Brief • At a Glance

⏱️ 4 min read (735 words) • ● Amended
🎯 Primary Mandate

There is established, within the Executive Office of the President, the Gulf Coast Recovery and Rebuilding Council (the "Council").

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Public Health & Medical Institutions

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President George W. Bush on November 1, 2005, this order concerns Creation of the Gulf Coast Recovery and Rebuilding Council. It is the policy of the United States to provide effective, integrated, and fiscally responsible support from across the Federal Government to support State, local, and tribal governments, the private sector, and faith-based and other community humanitarian relief organizations in the recovery and rebuilding of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita. Sec. 2. Establishment.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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Establishment

There is established, within the Executive Office of the President, the Gulf Coast Recovery and Rebuilding Council (the "Council").

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Functions of Council

The Council shall: (a) at the request of the Chairman, the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, or any agency head who is a member of the Council (subject to the approval of the Chairman), promptly review and provide advice and guidance, for the purpose of furthering the policy set forth in section 1 of this order, regarding any issue relating to the implementation of that policy; (b) make recommendations to the President, as appropriate, regarding any issue considered by the Council pursuant to section 3(a) of this order; and (c) give no vote or veto over the activities or advice of the Council to any individual to whom subsection (b) of this section refers.

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General

To the extent permitted by law: (i) agencies shall assist and provide information to the Council for the performance of its functions under this order; and (ii) the Director of the Office of Administration shall provide or arrange for the provision of administrative support to the Council.

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Termination

The Council shall terminate 3 years from the date of this order, unless extended by the President.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Public Health & Medical Institutions 🏛️ Financial Institutions & Monetary Authorities
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
§

"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Strong Prerogative Support
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
32 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Low Friction

Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
735
4,726 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
24.1
Post-Graduate Legal
Language Tone Score
+0.55
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121-5206) (the "Stafford Act"), and in order to further strengthen Federal support for the recovery and rebuilding of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita, it is hereby ordered as follows:

Section 1. #sec-1

Policy. It is the policy of the United States to provide effective, integrated, and fiscally responsible support from across the Federal Government to support State, local, and tribal governments, the private sector, and faith-based and other community humanitarian relief organizations in the recovery and rebuilding of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita.

Sec. 2. #sec-2

Establishment. (a) There is established, within the Executive Office of the President, the Gulf Coast Recovery and Rebuilding Council (the "Council"). The Assistant to the President for Economic Policy shall serve as the Chairman of the Council (the "Chairman"). The Council shall consist exclusively of the following members or full-time Federal officers or employees designated by them, respectively: (i) Secretary of the Treasury; (ii) Secretary of Defense; (iii) Attorney General; (iv) Secretary of the Interior; (v) Secretary of Agriculture; (vi) Secretary of Commerce; (vii) Secretary of Labor; (viii) Secretary of Health and Human Services; (ix) Secretary of Housing and Urban Development; (x) Secretary of Transportation; (xi) Secretary of Energy; (xii) Secretary of Education; (xiii) Secretary of Veterans Affairs; (xiv) Secretary of Homeland Security; (xv) Administrator of the Environmental Protection Agency; (xvi) Chairman of the Council of Economic Advisers; (xvii) Administrator of the Small Business Administration; (xviii) Director of the Office of Management and Budget; (xix) Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region; (xx) Assistant to the President for Economic Policy; (xxi) Assistant to the President for Domestic Policy; (xxii) Assistant to the President for Homeland Security and Counterterrorism; and (xxiii) Such other officers and employees of the executive branch as the Chairman may from time to time designate. (b) The Chairman, in consultation with the Coordinator, shall convene and preside over meetings of the Council, determine its agenda, direct its work, and, as appropriate to particular subject matters, establish and direct subgroups of the Council, which shall consist of Council members or their designees under subsection 2(a) of this order, and including those officers and employees of the executive branch as designated by the Chairman.

Sec. 3. #sec-3

Functions of Council. The Council shall: (a) at the request of the Chairman, the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, or any agency head who is a member of the Council (subject to the approval of the Chairman), promptly review and provide advice and guidance, for the purpose of furthering the policy set forth in section 1 of this order, regarding any issue relating to the implementation of that policy; (b) make recommendations to the President, as appropriate, regarding any issue considered by the Council pursuant to section 3(a) of this order; and (c) give no vote or veto over the activities or advice of the Council to any individual to whom subsection (b) of this section refers.

Sec. 4. #sec-4

General. (a) To the extent permitted by law: (i) agencies shall assist and provide information to the Council for the performance of its functions under this order; and (ii) the Director of the Office of Administration shall provide or arrange for the provision of administrative support to the Council. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (c) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (d) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.

Sec. 5. #sec-5

Termination. The Council shall terminate 3 years from the date of this order, unless extended by the President. George W. Bush The White House, November 1, 2005.

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Referenced By Later Executive Orders (2)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

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Scholarly & Legal Citations

Exec. Order No. 13,389, 70 Fed. Reg. 67,325 (Nov. 1, 2005).